Southeast Regional Construction Corp. v. Leadership Housing System of Florida, Inc.

Florida District Courts of Appeal
Southeast Regional Construction Corp. v. Leadership Housing System of Florida, Inc., 454 So. 2d 613 (1984)
1984 Fla. App. LEXIS 13841
Anstead, Downey, Edward, Rodgers

Southeast Regional Construction Corp. v. Leadership Housing System of Florida, Inc.

Opinion of the Court

PER CURIAM.

Upon review of the record we conclude that there is an adequate evidentiary basis to support a finding that the appellee, attorney Edward C. Tietig, was entitled to a lien for his fees to be imposed against the real property which appellant recovered by settlement of litigation prosecuted on its behalf by the attorney. See Scott v. Kirtley, 113 Fla. 637, 152 So. 721 (1933); and Billingham v. Thiele, 107 So.2d 238 (Fla. 2d DCA 1958), aff'd, 109 So.2d 763 (Fla. 1959). However, we do not believe the evidence supports the trial court’s award of a one-third undivided legal interest in the real property. • In our view, the attorney was entitled to a fee based on the value of the property recovered, and he was further entitled to imposition of a lien against the property to secure payment of that fee.

Accordingly, we affirm in part and reverse in part, and remand this cause for further proceedings consistent herewith.

ANSTEAD, C.J., DOWNEY, J., and RODGERS, EDWARD, Associate Judge, concur.

Reference

Full Case Name
SOUTHEAST REGIONAL CONSTRUCTION CORP. v. LEADERSHIP HOUSING SYSTEMS OF FLORIDA, INC., Porlick Poliquin Samara, Inc., f/k/a Porlick Gorman Poliquin, Inc., a Florida corporation, Edward C. Tietig, P.A., Murray Slatnick
Cited By
3 cases
Status
Published